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Madras High CourtWP/30299/2024disposed of

A.V.K.Dhamodharan v. The Superintending Engineer,

2024-10-09Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A.V.K.Dhamodharan ....Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), C.E.D.C, North Circle, Anna Salai, Chennai-600 002.

2.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Ennore, Chennai-600 057.

3.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Kathivakkam, (opp) Ashok Leyland, Ennore, Chennai-600 057.

4.A.V.K.Udhayakumar 5.A.V.K.Santhoshkumar ....Responden ts 1/6

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 to 3 to provide the domestic service connection to the petitioner's residential portion of the property bearing door No.5, 1st Floor, Plot No.37, Sastri Nagar, 2nd Street, Ennore, Thiruvottriyur Taluk, Chennai district comprised in S.R.No.41/4A in petitioner name on the basis of application given by the petitioner on 11.05.2024 within a stipulated time fixed by this Court.

For Petitioner : Mr.K.Venkateswaran For Respondent : Mr.L.Jaivenkatesh Standing Counsel for R1 to R3

ORDER

This Writ Petition has been filed seeking direction to the respondents 1 to 3 to provide domestic service connection to the petitioner's residential portion of the property, bearing door No.5, 1st Floor, Plot No.37, Sastri Nagar, 2nd Street, Ennore, Thiruvottriyur Taluk, Chennai district, comprised in S.R.No.41/4A in the name of the petitioner on the basis of his online application dated 11.05.2024.

2. Mr.L.Jaivenkatesh, learned Standing Counsel takes notice 2/6

for the respondents 1 to 3. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal at the admission stage itself.

3. Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with.

4. The case of the petitioner is that the petitioner herein is residing in the first floor of the property bearing door No.5, 1st Floor, Plot No.37, Sastri Nagar, 2nd Street, Ennore, Thiruvottriyur Taluk, Chennai district, comprised in S.R.No.41/4A and his brothers / respondents 4 and 5 are residing in the ground floor of the said property. Since there was a property dispute between the petitioner and his brothers, the electricity connection for the first floor had been disconnected by the respondents 4 and 5. Aggrieved by the same, the petitioner made an online application dated 11.05.2024 in the online portal, seeking to provide domestic electricity connection to the residential portion of the petitioner. However, no action has been taken by the official respondents till date. Hence, the present Writ Petition. 3/6

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the official respondents to consider the petitioner's online application dated 11.05.2024 and pass orders on the same within a particular time frame fixed by this Court.

6. The learned Standing Counsel for the respondents 1 to 3, on written instructions, submitted that the writ petitioner has not uploaded the docuemnts required by the official respondents for providing domestic electricity service connection. The written instruction also reflects that there was an objection made by the brothers of the petitioner since it is a joint family property.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the official respondents to effect temporary service connection to the petitioner's residential portion, after getting necessary bonds, within a period of one

(1) month from the date of receipt of a copy of this order. 4/6

8. With the above direction, this writ petition stands disposed of. No costs.

09.10.2024 Anu Copy to:

1.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), C.E.D.C, North Circle, Anna Salai, Chennai-600 002.

2.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Ennore, Chennai-600 057.

3.The Assistant Engineer, Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO), Kathivakkam, (opp) Ashok Leyland, Ennore, Chennai-600 057.

N.SENTHILKUMAR,J.

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Anu 09.10.2024 6/6